In re Cirino

An order to show cause why a writ: of habeas corpus should not issue was made by this court directed to Roy Wagner, M. D., Medical Director of Napa State Hospital. Petitioner, Leonard John Girino, in petitioning for the writ does not seek to be released but to have conditions of his confinement, which he asserts to be unlawful, removed.

Petitioner was adjudged not guilty by reason of insanity of the murder by multiple blows by an axe of his 10-month-old daughter, and on December 24, 1969, was ordered delivered to Atascadero State Hospital until he shall have recovered his sanity. On February 16, 1972, petitioner was transferred by the Department of Mental Hygiene to the Napa State Hospital. On March 10, 1972, a clinical conference on the subject of allowing “grounds privileges” to the patient was held at the hospital. Three physicians and certain technicians were present. Present also was James Boitano, district attorney, who expressed the concern of Superior Court Judge William L. Blanckenburg of Napa County about lack of security at the hospital and the potential danger presented by the patient. The opinion of the doctors and technicians, as expressed in a form called…